A Sheboygan County Circuit Court Judge is denying a motion for a new trial for convicted killer Steven Avery in connection with the 2005 death of Teresa Halbach.
In Tuesday’s Ruling, the court is denying all requests for a new trial and for additional evidence testing that avery’s lawyer says would prove his innocence.
In Avery’s motion, he and his lawyer, Kathleen Zellner, had asked for a hearing that they wanted to schedule in the Spring of next year.
They also wanted to have additional scientific testing on key evidence in the case that led to a guilty verdict for Avery. Each motion was denied.
The ruling also says that Zellner claims she had made an agreement with the prosecution that she could send evidence for testing, but she never notified the court of such an agreement.
The judge went on to say Avery’s attorney also tried to submit amendments to the motion without seeking approval from the court.
The Judge also wrote that the defense submitted new theories about the murder, but did so without completing their own research or scientific testing of evidence, so their was a lack of proof to back up their claims.
Zellner released a statement which reads:
“We never expected to win a new trial with the trial court, that only happens in dna cases. A non-dna case post-conviction case is won on appeal about 99% of the time if it is successful.
This court made numerous factual and legal errors and made a grave mistake in not granting an evidentiary hearing. The result of this error is that for purposes of appeal all of our factual allegations must be taken as true.
Many trial judges do not understand post-conviction law and are frequently reversed.”